Uncontested DIY Divorce Illinois: Process, Cost, and Papers

• What is a do-it-yourself (DIY) divorce in Illinois?
• How much does a DIY divorce cost in Illinois?
• What is the uncontested DIY divorce process in Illinois?
• How long does an uncontested DIY divorce typically take?
• What are the benefits of an uncontested divorce?
• DIY divorce FAQ
• References

A divorce in Illinois is a legal proceeding, so you’ll need the court’s help. However, you can handle much of the paperwork and wrangling without a lawyer. 

A do-it-yourself divorce (DIY) can save you time and money. Be prepared to work closely with your spouse to make it happen. While it may be tough to work together if you have a contentious relationship, you’ll save significant time, money, and stress. For many people, it’s worth the effort. 

What is a do-it-yourself (DIY) divorce in Illinois? 

Most states allow people to fill out paperwork and handle divorce conversations independently. Illinois is no exception. You can tackle a DIY divorce with plenty of paperwork and a lot of negotiation. 

A DIY divorce in any state is much easier if it is uncontested. In an uncontested divorce, spouses agree not only to the divorce but to all of the questions they must answer to split their estate. They handle issues regarding child support, debt, assets, and child custody without asking a judge or a lawyer to weigh in. 

Typically, an uncontested DIY divorce begins when one partner files paperwork and the other waives their right to respond. Then, they work out all of their arrangements together while waiting for a hearing. Then, a judge approves all the documents and issues a final divorce decree. 

Do you want an uncontested divorce but worry that the two of you won’t easily agree on everything? You’re not alone. A lot of people in your position have found success with divorce mediation. 

How much does a DIY divorce cost in Illinois?

A traditional divorce in Illinois is extremely expensive. A DIY version can help you save money. 

Fees associated with a DIY divorce include the following:

• Filing: Courts charge several hundred dollars to process paperwork associated with your divorce. 
• Serving: You’ll need someone like a sheriff or process server to give documents to your spouse. This process is called serving, and costs can vary from provider to provider. 
• Court reporting: At your hearing, someone must take official notes for the case file. Fees are about $75. 

In a traditional divorce with a lawyer, these same expenses apply. You’ll also face lawyer fees, which are typically incurred on an hourly rate. The more complex your split, the more expensive your divorce will be, as it’s easy to run up substantial attorneys’ fees.

What is the uncontested DIY divorce process in Illinois? 

Illinois uses a standardized process to help people split without spending long periods in court. A typical uncontested DIY divorce follows these basic steps:

Step 1: Agree with your spouse

A DIY divorce involves intense collaboration. Start the process by ensuring your partner agrees with your plans.

Illinois is a no-fault state. You don’t have to outline who made mistakes that ended your marriage. Courts do ask for some kind of evidence that the marriage is broken and can’t be fixed. A statement that the marriage is beyond repair is usually sufficient. Note that a separation of six months or longer is also often required before an Illinois divorce will be granted.

Step 2: File forms with the court

One party must go to the courthouse in your Illinois county with originating paperwork. Two versions exist: Petition for Dissolution of Marriage/Civil Union (Divorce with Children) and Dissolution of Marriage/Civil Union (Divorce no Children).

Complete a Summons Petition for Dissolution of Marriage/Civil Union, too. 

Choose the form that’s right for you, and look up your courthouse. In some cases, you must file your forms electronically. In others, you must go to the courthouse to file it. Prepare for your filing fee, which is typically several hundred dollars. 

Once you’ve filed your documents, you’ll get a court date that’s usually less than 90 days from your filing date.

Read: How to Get a Divorce Filing Fee Waived

Step 3: Serve your spouse with documents, or have them waive service

Even if you agree to divorce, you must prove to the court that both parties understand what’s happening. You can handle this step with a process called serving. 

Pick someone not connected to your case, like a sheriff. Give this person a copy of all the documents you filed, along with a Letter to the Sheriff. When the exchange happens, ask your server to bring that document to the courthouse to file it. Servers typically charge fees for this service. 

Alternatively, your spouse could fill out a Waiver and Consent in front of a notary public, and file it with the court. This form states that the spouse waives their right to formal service of the divorce documents.

Required step just for parents: Attend a class

Illinois law requires parents to complete a parenting class through PACT. This course will help you understand how to share your children while minimizing conflicts. At the end of the class, you’ll get a certificate of completion. Keep it in a safe place, as you’ll need it later. 

Step 4: Draft divorce documents

In a DIY divorce, spouses must complete paperwork that details their plans for a single life. 

These documents are required. (Notice that people who share children have more forms than those who do not have children.)

• Financial Affidavit (one for each person)
• Parenting Plan
• Child Support Worksheet 
• Declaration Under the Uniform Child Custody Jurisdiction Enforcement Act (This is an example from Lake County. Use the form specific to your county.)
• Proposed Judgment for Dissolution of Marriage (with children)
• Proposed Judgment for Dissolution of Marriage (no children)
• Certificate Agreement (with children)
• Certification Agreement (no children)
• Certificate of Dissolution 

Step 5: Attend a hearing 

If you’ve agreed with your spouse, you can attend a short hearing called a prove-up to finish your case in the Illinois courts. 

Bring all of the paperwork you’ve prepared to this meeting. Bring the following documents too:

• Proposed Judgment for Dissolution of Marriage (with children)
• Proposed Judgment for Dissolution of Marriage (no children)
• Certificate of Dissolution of Marriage

If you share children, you will also need the following documents:

• A certificate of compliance with the parenting class
• Order for Support
• Income Withholding for Support

At your hearing, you’ll be put under oath and asked questions about your plans. If the judge is satisfied, you’ll get a signed judgment and other orders. Ask if you need to file these documents or if the staff will do it for you. 

How long does an uncontested DIY divorce typically take?

An uncontested DIY divorce takes less time than any type of contested divorce. It still takes a long time to move through the entire process and emerge with official paperwork. 

Experts say that an uncontested divorce can take six months or more. If your courthouse is busy or has a large caseload, your divorce could take longer. If you struggle to work out the details with your partner, that can cause delays, too. Again, we point out that divorce mediation has helped many couples succeed with a DIY divorce without court involvement.

While it can be hard to imagine spending months waiting for an uncontested DIY divorce, know that a contested divorce can usually take even longer. A typical divorce with a lawyer in Illinois can take 18 months or longer. 

Suggested: 6 Steps to Take before Beginning Divorce Mediation

What are the benefits of an uncontested divorce? 

Opting for an uncontested divorce comes with plenty of benefits. 

An uncontested divorce is quicker and less expensive than one that involves lawyers. You won’t have to pay lawyers to help you handle issues like child support and custody. If you choose the DIY route, you can tackle the steps alone and ensure that you’re not wasting time and money. 

With uncontested divorce, you can discuss all of your details in private rather than in front of a judge in a courtroom. The process could be much less traumatic for everyone involved.

A contested divorce can cost both parties a lot in multiple ways. Overall, it’s always preferable to have an uncontested divorce, if possible.

DIY divorce FAQ

Can I file for divorce by myself in Illinois?

Yes. You’re not required to use a lawyer to handle your Illinois divorce. Note that you can’t ask a court clerk for legal advice. 

Can you get a divorce without going to court in Illinois?

No. However, you’re not required to have a long court case to end your marriage. A hearing in court is required, so you will spend at least a little time in front of a judge to complete the process. But this can be a quick process if the divorce is straightforward and uncontested.

How long do you have to be separated to get a divorce in Illinois?

Per Illinois law, parties are required to show a judge that their marriage is broken and can’t be fixed. The laws say that people living apart for at least six months have met that requirement. 

Is there a waiting period for divorce in Illinois?

No. There isn’t a set waiting time frame for uncontested divorce in Illinois, provided that all residency requirements have been met. While the law stipulates that the parties must have been living apart for six months, some couples are able to waive this requirement. 

Do you have questions about the DIY divorce process or the uncontested divorce process in Illinois? Hello Divorce is here to help. Schedule a free 15-minute call with us to get answers to your questions and help with your possible next moves.

References